11945. Adulteration and misbranding of canned peas.    IT. S. v. 849 Cases of
Canned Peas. Decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 16988. I. S. No. 3123-v. S. No. 
E-4226.)
On or about November 25, 1922, the United States attorney for the South- 
ern District of Florida, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district a libel praying 
the seizure and condemnation of 849 cases of canned peas, at Jacksonville, 
Fla., consigned by W. E. Robinson & Co., Baltimore, Md., alleging that the 
article had been shipped from Baltimore, Md., on or about August 26, 1922, 
and transported from the State of Maryland into the State of Florida, and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: " Watervale Brand * * * Prepared 
From Ripe Peas."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, soaked peas, had been substituted wholly or in part for the 
said article.
Misbranding was alleged for the reason that the product was labeled, 
" Early June Peas These Peas Are Hand-Picked From Selected Alaska Or 
Early June Peas," which statements, together with the design showing a dish 
of green colored succulent-appearing shelled peas, were false and misleading 
and deceived and misled the purchaser, since the said article consisted of soaked 
peas.
On December 11,1922, the W. E. Robinson & Co., Bel Air, Md., having appeared 
as claimant for the property and admitted the allegations of the libel, judg- 
ment of condemnation was entered, and it was ordered by the court that the 
product be released to the said claimant upon payment of the costs of the 
proceedings and the execution of a bond in the sum of $1,400, in conformity 
with section 10 of the act, conditioned in part that if it be sold or disposed of 
under any branding, such branding should accurately and correctly describe 
said product.
O. F. MARVIN, Acting Secretary of Agriculture.